Category: Legal

For the past 20 years, sex-based workplace discrimination charges have been one of the most common employee-asserted claims before the federal Equal Employment Opportunity Commission, second only to race. As the recent deluge of news headlines have brought to light, workplace sexual harassment remains both prevalent and underreported. Yet all…

In the massive federal lawsuit brought against Jeff Sessions, et al., (Washington v. Sessions, currently pending in the Southern District of New York), plaintiffs seek a declaration that the classification of cannabis as a Schedule I drug is unconstitutional. Plaintiffs allege that the Controlled Substances Act, as it pertains to…

The days of flying under the radar are over. Now that medical and/or adult-use cannabis has been legalized in 30 states and the District of Columbia, owners of “mainstream” brands are taking notice, and cannabis businesses need to be careful to avoid infringing someone else’s trademark rights. Trademark infringement is…

Forget what you think you know about the Commonwealth of Massachusetts. Despite its reputation as a liberal state, Massachusetts suffers from a harmful affliction: progressive puritanism. Symptoms include the desire to do right, but the unwillingness to do so because of the fear of the unknown. Marijuana policy is a…

It is a common practice in the marijuana industry to label workers as independent contractors. Many employers want this designation to avoid having to withhold Social Security and income taxes, pay unemployment taxes and other assessments, or pay workers’ compensation insurance premiums. Many workers also want this designation to avoid…

Every business needs a name. In fact, most businesses have several. The legal name often lurks in the background and most consumers never see it, while trademarks, trade names and domain names are generally the most visible and important client-facing identifiers. Knowing the differences between them will help executives protect…

Today’s headlines are, unfortunately, dominated by stories of workplace sexual harassment and assault allegations against men in positions of power. The novelty of the legal cannabis industry has shielded it from the type of institutional harassment entrenched in the entertainment industry. But no industry is immune from attracting individuals who…

Investment advisers and broker-dealers ask more and more whether they can safely provide investment services to prospective customers in the marijuana industry. There is still a risk of liability under federal law, but that risk can be addressed by closely following guidance issued by the U.S. Department of Justice and…

Although cultivation and use of cannabis for medicinal purposes has been legal in California for two decades, the legalization of recreational cannabis creates untold opportunity for expansion of the existing market. The prospect of cashing in on this burgeoning market seems to have sparked the interest of land speculators and…

The announcement of a settlement between the Gorilla Glue Co. and GG Strains is creating a stir on the trademark side of cannabis law. Gorilla Glue Co. manufactures a wide array of adhesives including Gorilla Glue, Gorilla Tape and Gorilla Epoxy. GG Strains LLC is the company that created the…